Dáil Éireann Debate, Monday - 9 September 2024
175. Deputy Réada Cronin asked the Minister for Transport the actions he has taken on the information and documentation provided by an organisation (details supplied) to the Government on the use of Irish sovereign airspace vis-à-vis armaments and-or components thereof for use by the State of Israel in its actions against the Palestinian people, including war crimes and crimes against humanity; and if he will make a statement on the matter. [35621/24]
View answer176. Deputy Réada Cronin asked the Minister for Transport to outline the list of new decisions and actions taken on foot of information and documentation disclosed to it by an organisation (details supplied) in the matter of the US-funded armaments and other supplies using the airports and airspace of the State; and if he will make a statement on the matter. [35622/24]
View answer177. Deputy Réada Cronin asked the Minister for Transport the reason, given Ireland’s neutrality and the accepted war crimes and crimes against humanity being pursued by the Israel Defence Forces, including with US support and funding, the State did not proceed with all alacrity to undertake the kind of investigation pursued by an organisation (details supplied) on use of Irish airspace, such information being readily available from and at various organisations; and if he will make a statement on the matter. [35623/24]
View answer178. Deputy Réada Cronin asked the Minister for Transport to list all the actions taken since 7 October 2023 to ensure that Ireland’s sovereign airspace was, is not, and will not, be misused in the matter of US-sponsored or Israeli actions against the Palestinian people, this having particular significance given Ireland’s military neutrality; and if he will make a statement on the matter. [35625/24]
View answer179. Deputy Réada Cronin asked the Minister for Transport if he can guarantee that no weaponry or components thereof cited as producing extreme injury of individuals in Gaza – including children and right to the point of vaporisation – has travelled through Irish sovereign airspace or been transported directly or indirectly through an Irish airport; and if he will make a statement on the matter. [35626/24]
View answer180. Deputy Réada Cronin asked the Minister for Transport to list the actions the State has taken to ensure that no weaponry, armaments or components thereof, travel either directly or indirectly to the Israel Defence Forces through the airports of the State; and if he will make a statement on the matter. [35627/24]
View answer181. Deputy Réada Cronin asked the Minister for Transport to list the actions the State has taken to ensure that no aircraft of any kind that serves, supplies or is used in any way by the Israel Defence Forces in its actions in Gaza, either directly, indirectly, or that assists that force or the state of Israel in the pursuit of same on an ancillary basis, lands or refuels or stops temporarily at an Irish airport, to include any interim destinations either to or from such activities, for example, Cyprus; and if he will make a statement on the matter. [35628/24]
View answer182. Deputy Réada Cronin asked the Minister for Transport the actions he has taken or will take to close the gap between Ireland’s humanitarian rhetoric on the killing and terror being inflicted by the Israel Defence Forces on the population of Gaza and the occupied West Bank and the use of Irish airspace for the transport (or actions related thereto), as disclosed by an organisation (details supplied); [35630/24]
View answer259. Deputy Catherine Connolly asked the Minister for Transport the number of flights carrying Israeli Defence Forces weaponry that have flown through Irish sovereign airspace without legal permission in each of the past five years; the steps taken in this regard given that the air transportation of munitions of war across State airspace without an exemption is an indictable criminal offence; and if he will make a statement on the matter. [35109/24]
View answer260. Deputy Catherine Connolly asked the Minister for Transport the steps being taken to ensure that Irish airports are not being used to facilitate the supply of military equipment to Israel; and if he will make a statement on the matter. [35110/24]
View answer261. Deputy Catherine Connolly asked the Minister for Transport the number of inspections that have been carried out on aircraft in Irish airports in each of the past five years and to-date in 2024; and if he will make a statement on the matter. [35111/24]
View answer262. Deputy Catherine Connolly asked the Minister for Transport the number of applications for exemptions for the carriage of munitions of war on civil aircraft received, the number granted, the number refused by month since October 2023 to date in 2024; and if he will make a statement on the matter. [35112/24]
View answer263. Deputy Catherine Connolly asked the Minister for Transport if the US military, or any other body, has been authorised to transport munitions through Irish-controlled airspace since October 2023; if so, to provide details, in tabular form; and if he will make a statement on the matter. [35113/24]
View answer264. Deputy Catherine Connolly asked the Minister for Transport to confirm, or otherwise, reports that Israeli-operated cargo planes flew through Irish sovereign airspace with explosives on 27 February 2024 and 1 February 2024 (details supplied); if applications for exemptions were received and granted by the Department; if not, the steps being taken in this regard; and if he will make a statement on the matter. [35114/24]
View answer284. Deputy John Lahart asked the Minister for Transport to confirm if aircraft from the United States are using Irish airspace to transport military supplies to Israel; and if he will make a statement on the matter. [35383/24]
View answerI propose to take Questions Nos. 175 to 182, inclusive, 259 to 264, inclusive, and 284 together.
The carriage of munitions of war is prohibited on any civil aircraft in Irish sovereign territory unless an exemption is granted by the Minister for Transport, as implemented in the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989.
Munitions of war are defined quite broadly under the Orders as; “..weapons and ammunition designed for use in warfare and includes parts of or for such weapons and ammunition”.
My Department operates a system for the submission, and processing of, applications for exemptions by the operators of the civil aircraft. In considering applications for exemptions, my Department consults with the Department of Foreign Affairs and the Department of Justice to determine if there are any foreign policy or security issues that need to be considered in the context of the application. The Department of Defence is also informed of all applications.
The Irish Aviation Authority, the state agency with responsibility for regulating the carriage of dangerous goods by air, is consulted on any applications for an exemption to permit the carriage of munitions of war also classified as dangerous goods, such as ammunition.
Ireland's traditional policy of military neutrality is consistent with the granting of these exemptions to civil aircraft.
Each year, approximately 1,000 exemptions are granted, broadly falling into one of two categories. The first, being for Irish-registered civil aircraft, operating outside of the State, seeking to transport small numbers of armed law enforcement or armed military personnel between locations in Europe in the course of their duty, on regularly scheduled flights.
The second, being for US civil air operators chartered by the US military for the purpose of transporting its personnel between the US and locations overseas. These flights generally do not carry ammunition and the munitions of war carried, primarily personal issued weapons, are for the use of those travelling US military personnel.
Exemptions to the prohibition to carry munitions of war are not granted to the military of a State or to a State, rather they are granted to air operators in respect of the flight upon which they seek to carry such cargo. Such an exemption is for the carriage of the munitions of war through Irish sovereign territory or to land at an Irish airport, it is not an approval to land at any airport outside the State, this is a matter for the next State to which the aircraft is being flown and their domestic procedures.
As regards the recent reports in The Ditch, it is important to note that The Ditch has not provided any documentation to my Department. Turning to the reports in question, I can confirm that two of the operations by aircraft registered to Challenge Airlines Israel which are alleged to have entered sovereign Irish airspace en-route from New York to Liege, did not in fact enter sovereign Irish airspace. The two other operations by Challenge Airlines Israel, which are not alleged to have carried munitions of war, did operate in sovereign Irish airspace en-route from Liege to New York.
Of the remaining 8 operations reported to have entered sovereign Irish airspace en-route from New York to Liege while carrying munitions of war, these aircraft are registered to Challenge Airlines Belgium, and I can confirm that they did enter sovereign Irish airspace.
I can also confirm that no applications were submitted, or exemptions granted in respect of the operations.
As such, my officials are engaging formally with the Belgium air operator concerned, this engagement is on-going.
The reported carriage of munitions of war in Irish sovereign territory by a second air operator is now also being examined.
The process to request an exemption under the 1973 and 1989 Orders is set out in GEN 1.4 Entry, Transit And Departure of Cargo of Ireland’s Integrated Aeronautical Information Package (IAIP). An IAIP is a global standard information package set by the International Civil Aviation Organisation.
In light of the recent reports, at the request of my Department, the Irish Aviation Authority has issued a NOTAM in relation to the process regarding the carriage of munitions of war.
A NOTAM is a notice to airmen containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations.
Pilots in command should take account of any NOTAMs relevant along their flight plan.
While this information is already available in Ireland’s IAIP as mentioned above, the NOTAM will serve to temporarily highlight these requirements (90 days).
Article 8 of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989 empowers the Minster for Transport or an authorised person to carry out an inspection of civil aircraft flying from any place within the State. However, the exercise of this power is conditional on there being an appearance, to either the Minster for Transport or the authorised person, of an intention or likelihood that the civil aircraft concerned is to fly in such circumstances that would be in contravention of the 1973 and 1989 orders. No inspection of a civil aircraft has been carried out pursuant to the Orders in the last five years and to date in 2024.
I have asked my officials to work with colleagues in other relevant Departments and with the Office of the Attorney General to examine what amendments to existing law would be required to facilitate the introduction of random inspections of civil aircraft in receipt of exemptions.
My Department regularly publishes statistics related to the carriage of munitions of war on civil aircraft on the gov.ie website, which is available at this link:
www.gov.ie/en/publication/15da60-the-carriage-of-munitions-of-war-on-civil-aircraft/#statistics
From October 2023 to June 2024, a total of 1,052 exemptions were granted. July and August statistics are still being compiled.
These exemptions were granted as follows:
• 432 exemptions granted to operators licensed in Ireland,
• 616 exemptions granted to operators licensed in the US,
• 3 exemptions granted to operators licensed in other EU Member States, and
• 1 exemption granted to operator licensed in the UK.
